BCC Minutes 11/26/1991 R~[[i', ' Naples, Florida, November 26, 1991
"~;'::. LET IT BE REMEMBERED, that the Board of County Commissioners in
~and for the County of Collier, and also acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts as
have been created according to law and having conducted business
herein, met on this date at 9:00 A.M. In I~E~ULAR SESSION in Building
-;:~F" of the Government Complex, East Naples, Florida, with the
~followtngmembers present:
VICE-CHAIRMAN:
'" ALSO PRESENT:
~'JDtrector; Ellis Hoffman, Debb¥ Fartie, and Annette Guevtn, Deputy
; Netl Dorrtll, County Manager; Tom Olltff and Jennifer Pike,
Aeslstant~ to the County Manager; Ken Cuyler, County Attorney; David
Patricia Anne Goodn~ght
~tchael $. Volpe
Richard S. Shanahah
Max A. Hasse, Jr.
Burr L. Saunders
James C. Giles, Clerk, John Yonkosky, Finance
We. tgel, Rich Yovanov~ch, MarJor~e Student and Brenda Wilson, Assistant
Attorneys; Frank Brutt, Community Development Services
Administrator; George Archibald, Transportation Services
· ..Administrator; Tom Kuck, Transportation Capital Projects Manager; r. eo
~Ochs, Administrative Services Administrator; Ladd Ryziw, Engineer
ect Manager; Tom Conrecode, Office of Capita! ProJetta Management;
Fred Bloetecher, Assistant Utilities Administrator; Robert Mulhere,
Milk and David Weeks, Planners; Jeff Perry, Chief
Transportation Planner; Sue F/leon, Administrative Assistant to the
· .Board; Deputies Jackie Nolder, Dennis Perry, and Jim Waller, Sherlff's
o1'
Page
;"/,4 '
November
moved, seconded by Commissioner $hanahan and
· :. c~rrtsd unani~ous~ly, that the agenda and consent agenda be approved
the following changes:
Item #lOB - Discussion to reschedule Homeless Workshop -
Added. (Requested by Commissioner Goodnight).
Item #12B5 - Petition R-91-10, Alan Reynolds of Wilson,
Miller, Barton & Peek, Inc., representing Eagle Creek
Properties, Inc., requesting a fezone from PUD to C-4 for 2~
acres to be utilized for open space for property located on
the West side of C.R. 9§1 approximately 1,000 feet South of
U.S. 41, in Section 3, Township 51S, Range 26E (Continued to
12/17/91). (Requested by the Petitioner).
Item #12B6 - Petition PUD-8§-8(4), Alan Reynolds of Wilson,
Miller, Barton & Peek, Inc., representing Eagle Creek
Properties, Inc., requesting a fezone from PUD to PUD for the
purpose of amending the Eagle Creek PUD Document and Master
Plan to reflect the deletion of 2~ acres of Tract "M"
(formerly Tract "K") for property located on the West side of
C.R. 951 approximately 1,000 feet South of U.S. 41, in
Sections 3 and 4, Township 51S, Range 26E. (Continued to
12/17/91). (Requested by the Petitioner).
Item #12C4 - Request for the BCC to determine that the amend-
ment to the Pine Air Lakes PUD Development Order 85-5 does or
does not constitute a substantial deviation pursuant to
Chapter 380.06(19} Florida Statutes - Withdrawn. (Requested
by the Petitioner).
Item #12C5 - Petit/on DOA-91-3 - Rick Hedlund of Team Plan,
Inc., representing Naples Associates, requesting an amend-
ment to the Pine Air Lakes PUD Development Order 85-5 for the
purposes of reducing the overall intensity of development and
changing the mix or land uses for property located West of
Airport-Pulling Road and North of Pine Ridge Road by approxi-
mately 3,000 LF in Section 11, Township 49S, Range 25E, con-
taining 149± acres - Withdrawn. (Requested by the
Petitioner}.
Item #12C! - An Ordinance amending Collier County Ordinance
No. 90-71, the Development Agreement Ordinance. (Continued
to 12/10/91). (Requested by the County Attorney).
Item #16E2 - Moved to #8El - Recommendation that the BCC
authorize the Chairman to execute a work order under the
annual contract for architectural services with Barany,
Schmitt, Weaver & Partners, Inc., for the design of the third
floor of Building H for $33,000. (Requested by Commissioner
Volpe).
· CON~NT AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES
The motion for approval of the Consent Agenda is noted under Item
Page
November 26, 1991
AWARD RECOGNIZING JACKIE K. THOMPSON
Commissioner Volpe recognized Jackie K. Thompson (not present at
,.:.meeting), of Utilities/Water, for five years of service with Collier
Governmen t.
"'~**$ · Col~la~oner Saunders left the tool at thai t~ie
· 6A~- #6A2
~'~ .~ ~S 92-26, ~ 92-~0/~4 - A~D
~.,~
F~nance D~rector Yonkosky re~ested that the Commission adopt
~.., .. Budget Amendments: two budget amendments ~nvolv~ng matters not pre-
~.~v~ously d~ecuseed and fou~ budget amendments involving matters that
have been previously d~scuss~d.
c~ 4/0 (Co~llioner Sanders out), that ~dget M~ente 92-26;
~ 92-30/34 ~
~ Co~es~oner Sa~der8 re~ned at thai t~
p!$CUS$ION.,,R~ LENGTH OF AGENDA IT,S - NO ACTION
::...:' , Commissioner Goodnlgh~ remarked that the weekly Commission
meetings have become quite lengthy, noting that items on the agenda
~'have been moved around to speed things along, but the meetings con-
tinge to be quite long. She offered suggestions for discussion.
Commissioner Goodnight remarked ~hat the objective is to follow
Roberta Rules of Order and not allow unlimited or unconetructive
She proposed designating a maximum amount of time for the
?.:public hearing items and dividing that time by the number of speakers
that the Commission not interrupt the public with questions. She
' i~ggested that the Commission ask questions of staff at the conclusion
of the public hearings and not allow additional presentations from the
Commissioner Goodnight remarked that she believes that the weekly
,~genda contain a maximum of ten public. hearings and not allow public
hearing items to be continued to the following Tuesday if ten items
Page 3
November 26, 1991
already been advertised.
Xn 'closing, she recommended that a lunch recess be scheduled for
meeting dates.
;;:.-~ Commissioner Saunders indicated that the Chairperson is in the
best position to move the meetings along and the 5 minute time rule
'should be enforced. He related when the red light flashes, the
[:~speaker should be instructed that he has five seconds to complete his
?presentation. He stated when there are numerous speakers for a speci-
?fiC issue that one or two spokespersons be designated to represent
those persons. He affirmed that the Commissioners could save a lot of
time by reviewing the subject material in advance of each meeting.
~.~.~ Commissioner Volpe concurred that some of the time saving measures
are the function of the Chair. He questioned whether items relating
appeals on liens for mowing could be handled administratively.
~.~ . Commissioner Hasse reported that he feels that the length of the
if'meetings need to be shortened in order for the Commission to function
[:fill. properly, and suggested that perhaps an additional meeting may need to
.~:be conducted each week in order to complete the extensive number of
~.:;ltems on the agenda.
,'Commissioner Shanahah cited that he supports all action, as
[~ggested but most Importantly, that the $ minute rule be invoked.
~.'~ - No action wa~ taken on this its~.
~9A
FRANCHISE FK~ SETTLEMENT AGREEMENT WITH PALMER COMMUNICATIONS, INC. -
A~I~EEMENT APPROVED IN CONCEPT~ STAFF TO NEGOTIATE MECHANISM TO
~LIMINATE POSSIBILITY THAT COSTS WOULD NOT BE PASSED ON TO SUBSCRIBERS
FO~ T~O YEARS~ COST OF AUDIT TO BE BORNE SOLELY BY PALMER
Assistant County Attorney Wilson reported that this item relates
;i:, to a proposed Settlement Agreement dealing with franchise fees owed to
i ?.the County~ She presented the Commission with a revised agreement
copy not provided to the Clerk's Office), noting that the agreement
as presented last week did not reference "interest". She pointed out
'that the interest provision appears at the bottom of Page 2 and the
Page ~
November 26, 1991
Me. Wilson stated that the proposed agreement is a resolution of
~ the pending audits. She indicated that the amount of money to be paid
l. to the County is $548,979 which is for the period from October, 1986
to December, 1990. She explained that the Florida Statutes of L~mita-
i.(f t~ons on su~ts dealing with contracts allows five years in which to
f~le suit. She reported that the County has a contract with Palmer
Cablevision dating back to 1967, however, the County may only pursue
~any complaints back five years from the time it is discovered that
there may have been a breach of that contract. She noted that the
due the County includes interest at the rate of
Ms. Wilson related that the agreement Includes a provision for an
!i.i~.lndependent audit review to confirm that the revenue amounts are
:i;accurate. She noted that Coopers & Lybrand agreed to work out an .
gement with Palmer's auditor, Peat, Marwick, to save as much
as possible on the audit.
~i'. Assistant County Attorney Wilson advised that the basic difficulty
?between Palmer and the County deals w~th differences in interpretation
of ,gross revenues" and "gross subscriber charges". She ~ndicated
that these are the terms used to calculate the amount of money owed to
.the County.
Wilson explained that there are two agreements: a 1967
%greement and a 1987 Agreement. She noted that the two agreements
to different areas of the County and necessitates the defini-
being clearly delineated in the agreement, henceforth. She
'."'stated that attached to the proposed agreement ~s Exhibit "A" which
~'"outlines the definit~ons and the methods of calculation. In add~tion,
explained that Exhibit "B" sets forth the two franchise agreement
'ess. She pointed out that the agreement is for the interim period
Palmer Cablevision comes up for renewal, noting that their
'~greement ~s valid through 1997, however the renewal process may begin
early as ~994.
~f?~ Ns.'Wilson called attention to Clerk G~lee~ memorandum with regard
!to the proposed settlement agreement, specifically, the statute of
Page 5
November 26, 1991
l'ialt&t'tons. She reported that this is a legal problem that the
~r:,County finds itself in, and may only collect for the five year window.
' In response to Commissioner Hasse, Clerk Giles advised that audits
'have been performed from 1967 until the present and the Commission
~ed'on those opinions, which were obviously wrong. He noted that
the subscriber charges were underpaid and the premium charges were not
;~.,reported. He questioned whether the Statutes of Limitations are
if it was knowingly underpaid by Palmer. He suggested that
)s the Board should look to Palmer~s liability policy for reco-
ery..of these monies.
/ ' Ms. Wilson stated that another item included in the proposed
;ettlement Agreement relates to Crystal Cablevision which has been
Purchased by Palmer. She reported that Palmer has been paying fees
on Cr~stal's revenues, noting that the County has not lost
./anything. She explained that she believes it is important to have
~i.i:the franchise areas that Palmer now covers included in one agreement.
,:'~" Clerk Giles pointed out he feels the agreement should follow, as
~uggested by Miller & Holbrooke, the definition in the Cable Act. He
i,!?noted that the County has the opportunity to make the language all
inclusive. He referred to Ms. Wileoh's comment relative to the
'i.~.':arrangement with the auditors to save money, c/ting that the more
fmoney.that is saved on an audit results in less money that the County
receive.
'~'i~-Asststant County Attorney Indicated that the County can not force
i~iPalmer to agree to a waiver of the Statutes of Lim~tattons as noted in
Mll~er & Holbrooke~s opinion.
· '.Commissioner Volpe asked if there is a reason why it has been
~eter~ined not to include the definition from the Cable Act. Ms.
/W~'ison replied that Palmer wanted to know exactly what they were to
/':.play,and requested that the County itemize same and that they be
directed to specific revenues rather than definttional aspects that
are unknown.
,sstoner Shanaban expressed a desire to accept the Settlement
Page 6
November 26, 1991
t~eement,. noting that to continue to pursue this issue through
'atton would result In a significant amount of time, effort and
being expended which would be eaten up. He pointed out that the
!.'.:!:.~atter of going back to Peat, Marwick with respect to audits that were
relied upon is a separate and distinct issue.
i/~'. '.., Commlssfoner Saunders questioned whether there could be a ftndtng
:?'of'fraud If Palmer understated revenues for purposes of paying fees,
i!and if so, would that not eliminate the argument that the Statutes of
'Limitations apply.
Ms. Wilson replied that this is possible, noting if evidence of
is discovered, It would set aside the proposed agreement. She
~:Indicated that the Statutes of Limitations applies only to the
tractual dispute, but staff has not investigated as to whether
liPelmer defrauded the County. She noted that it appears that Palmer
]i~[was trying to interpret the definitions of the gross revenue and gross
i~,~ubscrtber charges as narrowly as they possibly could, In order to pay
i:~the County as little as possible within the law. She remarked that
'"::il staff Is Interpreting that definition as broadly as possible.
Clerk Giles pointed out that when Palmer's Manager appeared before
.the Commission in May, he advised that Premium charges, I.e. HBO and
i. Ctnemax, had been collected since 1980 but the franchise fees for same
not been paid. He indicated that It appears that these would be
"subscriber charges", even under the very narrow definition of that
".Co~tsstoner Volpe questioned what type of assurance the County
have that Palmer would not take the settlement figure and pass
!lit on to the subscribers in the near future.
County Manager Dotrill stated that the Commission should assume
ii.lthat Palmer will In fact be passing the settlement amount on to its
.i~ubscrtbers. He noted that Palmer has had a series of unre~ulated
increases over the last 12 to 18 months.
Commissioner Volpe asked whether there is anythin9 under the con-
text of the agreement that prohibits reachin9 an understandin9 that
. ,. Page 7
November 26, 199!
i.
iPalmer would not increase the fee~ to subscribers for a specific
i:'pertod of time. Ms. wilson replied that there is nothing to prevent
t~:the County from requesting same of Palmer, but noted if the County
'~ues them, less money may be received than that which was negotiated
~nd they could have a rate increase.
· Commissioner Saunders remarked that his first reaction was to
*i;accept the Settlement, but cited that he is now uncertain whether he
with that. He suggested that staff explore additional areas,
.e. triple damages, if there is the implication of fraud associated
with the understated revenues. He asked that further analysis with
;a[:.regard to that issue be explored by the County Attorney's Office or
the JClerk~s Office.
Commissioner Volpe recalled that someone still owes the County
i~.:/?$S0,000 for Telestat's application and questioned whether retmbur-
(-:~J':sement would be made for this. Ms. Wilson advised that the County can
not collect from Palmer, noting that there is framework of an
reement with the FPL Group to satisfy that debt.
· In response to Commissioner Volpe, Finance Director Yonkosky
sed that the Agreement states that "that firm will review the
::.:.records of Palmer and provide the County with a report as to whether
or not the revenues that Palmer is reporting is tn agreement with the
):!~.j:agreement between the Board of County Commissioners and Palmer." He
:..
~tstated that he believes that the Commission relied in good faith on
"?that third party report from those accountants.
f:. j',' !
Assistant County Attorney Wilson explained that there are legal
i"iproblems with estoppel since the County accepted payment from Palmer
~for a number of years. Additionally, she reported that there is also
!i'a problem as to whether records dating back to 1967 actually exist
~i.~ince there is no ~egal obligation for Palmer to retain records back
that far.
~i.Commissioner Volpe suggested as a compromise to obtain a commit-
from Palmer that there would be a moratorium on rate increases
'oF the next two years. He related that he is not desirous to sue
Page 8
,?.~,:~. November 26, 1991
'eat, Marwick, going back to 1967.
i'j~;Clerk Giles explained that the County funds 20 not-for-profit
i~*agenctes and receives the audits for all the Independent districts.
r~.:.~He stated that he would never recommend that the Commission audit
:~'iagatn or question same if there is a professional CPA firm giving an
.~unqualtfted opinion. He revealed that the only time an opinion was
/.received that was not unqualified was in 1988 and the auditors
!~ disclaimed the opinion, saying "they had no opinion on the revenues
· because they did not know." He divulged that it is reasonable to pre-
i)/:sume that the opinion of an expert on accounting statements from a CPA
t'.i ts reliable.
Attorney Patrick Meehan, General Counsel for Palmer Cablevision,
¥1'addressed the assertion that there may fraud involved in the potential
payment of the franchise fees. He affirmed that throughout the
~egotiattons Palmer had its books open to an independent audit by the
i Count¥~s auditors. In addition he stated that Assistant to the
'County Manager Pike was invited to meet with Palmer's internal accoun-
!/rant to be apprised of how advertising is sold and computed in the
'i;;~i'franchtse fee amounts. He noted that there was a misunderstanding
'~. ~, ..
between the County and Palmer relating to the ambiguous definitions tn
the agreements. He explained that there has also been changing tech-
nology, noting that in 1967 there were no premium channels.
~i,(' ' In response to Commissioner Hasse, Clerk Giles explained that
several letters have been sent to Palmer requesting inventories of
records dating back, however, no Information has been received. He
remarked that the a~reement provides that Coopers & Lybrand and
Palmer's CPA's must agree on procedures, noting that he had recom-
different language.
Commissioner Volpe questioned whether discussions have been held
to limttin~ increases in customer charges/service charges for
ii?~,.pertod of time as a part of the comprehensive settlement of the
;. outstanding differences.
Attorney Meehan replied that the Jurisdiction for rates ts under
Page 9
November ~6, 199~
le Act of the F¢C and that agency has a definition called
!!i~"Effective Competition" He explained if a community has effective
~i~.competition the local government ks pre-empted from regulating cable
'rates, however, if there is not effective competition, the local
-government may regulate rates· He reported that there are six com-
peting signals in this community.
~--' In response to Commissioner Volpe, Attorney Meehan advised that
.the Settlement Agreement addresses Palmer's good fatth efforts to pay
i': their full- legal obligations due the County under the franchise
agreements that are An place for the 1967 and 1987 franchise area.
:'-~ Mr. Meehan stated that there will be rate increases in the future
?i'i:aa there are in any business where programming costs are past on from
the programmers, i.e. ESPN HBO, etc. He reported if the suppliers
i:'increase their costs to Palmer, they in turn would increase the custo-
mers costs,
Commissioner Shanahah remarked that the Commission is not
:ed in Palmer taking a rate increase to p~ck up the $549,000.
%~i~.- Ms. Phylis Jones of Coopers & Lybrand, reported that she
'~.'!understands through the agreement that the work her firm wall be per-
~forming at Palmer would not include Peat, Marwick as a partner. She
explained that Peat, Marwick ks involved only to the extent that they
~'will be available to answer questions and to make their work papers
~.. County Manager Dotrill indicated that the Commission may desire to
~pprove, in concept, the Settlement Agreement and specify the amount
;recommended by his office and the County Attorney and direct staff to
create a settlement mechanism to reconcile and guarantee that the
ptlnitive costs wall not be passed through, however ~f the subscr~ptton
~ervice for HBO would increase by §~ next year, that would be outside
scope of the agreement.
~e Settle~nt A~ee~nt ~n concept ~d that mtaff ~ d~ected
to ~rk ~t a ~c~isl to el~l~te the ~llibAll~ of the lettle~nt
!%;, ': Page 10
,: , , Novnt~r 26, 1991
~t being pa~sed on to the ~crl~r~ for ~ ~e~ ~d t~
U c~t of ~ ~tt to ~ ~e excl~l~ly ~ Paler Cabl~tston.
~T~ e2'
Mr. John leschl asked the Commission not settle on this Issue. He
'questioned why Palmer has submitted a request for transfer of its
existing franchise tf they have a legitimate business.
:f"" Attorney Meehan replied that the transfer would be from Palmer
Communications, Inc. to a partnership where Palmer will be the
g partner, noting that there ts no transfer of legal control of
'franchise, itself.
Upon call for the question, ths ~otlon carried 4/1 (Contssloner
~R~ OF PALMER COMMUNICATION~, INC. CABLE TELEVISION FRAN~$E-~ TO
ASSOCIATES, A ~ORIDA ~~ P~~HIP - TO BE ~0U~
Assistant County Attorney Wilson advised if this item is approved
the Settlement Agreement will be coming back to the Commission
tng the new entity.
~ Commissioner Volpe stated that he believes this Item should be
~conttnued until the Settlement Agreement has been brought back for
review.
!:Commissioner Shanaban remarked if it is determined that the County
:an'not collect the $32,000 from Palmer, staff should continue to put-
for that amount of money.
i Ms. Wilson replied that she has a proposal from FP&L offering a
'settlement, noting that she will provide same to the Commission so
all issues may be resolved together.
.[Com~tssione~ Volpe ~oved, seconded by Co~lsstoner Huse to con-
.j:)'. · Attorney Meehan indicated that under the franchise a~reement, con-
::Sent to transfer the franchise may not be unreasonably withheld by the
~,-~: ion. He related that this revest has been on file for eight
months.' ·
Page
November 26, 1991
i.i, County Attorney Cuyler advised that he does not feel that a three
week continuance is not undue, explaining that he believes it would be
in everyone's best Interest to do so
. Attorney Meehan noted for the record that letters were written to
each Commissioner in June, 1991, regarding the transfer. He remarked
that the franchise fee dispute has nothing to do with the restruc-
(, turing of the company and the issue of the franchise fee has been
i:!] going on much longer than the transfer request.
:':i.;!~(i Upon call for the question, the ~otIon carried 4/1 (Commissioner
Saunder~ opposed).
R~SOLUTION 91-791, INTERLOCAL AGREEMENT FOR THE TRANSFER OF TIlE
ADMINISTRATION AND RESPONSIBILITIES OF THE SECTION 8 EXISTING HOUSING
PROGRAM TO THE COLLIER COUNTY HOUSING AUTHORITY - ADOPTED SUBJECT TO
A~REEMENT AS AMENDED
Community Development Services Administrator Brutt explained that
this item deals with a request for the adoption of a resolution
'~:~(approvtng an Interlocal agreement for the transfer of the admtntstra-
't~on and responsibilities of the Section 8 Existing Housing Program
~he Collier County Housing Authority.
}%!~:/' Mr. Brutt advised on August 27 1991 the Board directed staff to
-'~.develop an Interlocal Agreement for the transfer of the Section 8
i?Rental Assistance Program to the Housing Authority and the associated
:.:.HUD transfer documents. He stated that in order to comply with
~Federal Regulations for the transfer, It is necessary for the Board to
~rove the Interlocal Agreement by resolution.
Mr. Brutt Indicated that the Board will be asked to approve the
'Assumption Agreement for the Transfer of Section 8 Existing Housing
Program'of Collier County, to the Collier County Housing Authority and
~he. Sect~on 8 ~ousing Assistance Payments Program Contract of Novation
i{~fter these documents have been presented to and approved by HUD.
~].(';" Mr. Brutt advised that the Executive Summary references Fund 111
~Rent for Office Space FY 1993 tn the amount of $10,200 and this line
be deleted.
He remarked that the County will be providing
Page 12
November 26, 199!
ease space to the Housing Authority through October, 1993.
i. Mr,: Br~tt called attention to Page 4 of the Agreement, Section IV
,!Transfer Contract Files. He stated that "...within 90 days of the
i.i"%;ansition date provided in this Agreement" should be changed to read
~',.iwl'thin 425 days...".
'~. Mr. Brutt referred to Page ! of Exhibit "A" which references Asset
88011, 1988 Ford, and noted that this item should be deleted as
~,thts vehicle will be transferred to the Collier County Housing
?~Authortty as part of the Agreement.
Commissioner Volpe stated that this is an instance where the
¢ommmtty~ with the help of Mr. Thomas, is reaching out to help those
are lsss fortunate than many others in Collier County.
-c~t~ ~i~l~, t~t ~solutton 91-~91 ~ a~pt~ ~b~ect to the
Page 13
November 26, 1991
. :?:see' {tec~s= 11:00 &.N. - Reconvaned: 11:10 A.N. at which time
('::!:!:'" Dep~t'F Clerk Farrts replaced Deputy Clerk Hoffman '''
?:Item
CONTRACT FOR COUNTY-WIDE PUBLTC BIErWAY PROJECTS ZR ACCORDANCE WITH
BTD ~0. 91-1785 - ~UIARDKD TO APAC WITH, CHANGES
Transportation Services Administrator Archibald revealed this is a
recommendation to award contracts for bikepaths throughout Collier
:.County under Phase I of a program reviewed earlier in the year. He
~latned that all projects, with the except/on of three, are prt-
~?martl¥ to provide school access for the lower grade schools, he pro-
to identify the location of the individual projects. He
~[i/conftrmed ataff"s recommendation is for approval of the project list
and, for the /rems involving developer commitments, there will be an
added stipulation whereby developer commitments are subject to deve-
loper funding and should that funding not materialize, staff will not
i~::,proceed with these projects.
,': Discussion ensued regarding developer funding, cost and status of
projects. Mr. Archibald reported that Vineyards Elementary
:~:'.::School is providing for bus service and, thus, no Immediate need for
~ .the bikepaths in question for access to that school.
:, In response to Commissioner Volpe, Mr. Archibald verified that
"istaff does work closely with the school board relative to priority and
i~i!placement of bike paths.
:. In response to Commissioner Volpe, Mr. Archibald agreed that staff
Investigate the possibility of funding some of the bike paths out
the Park budget.
::.. In. reply to John Cunnlon, Mr. Archibald stated that staff tnt-
·
tally compiled a list of bike paths which was reviewed by a series of
that delegated an authority to review the bike path and
ion needs.
In" response to Mr. Cunnion, Mr. Archibald confirmed that, based
,'~:,:. :* .:.
· priorities, staff is only addressing bike paths which provide
~ccsss to schools.
Mr. Cunnton expressed concern for the need of bike paths in the
Page 14
November 26. 1991
. :
area of I~mokalee Road down Wilson Blvd. to Golden Gate Blvd., as well
as the current condition of this road. He suggested there is a possi-
.that the Golden Gate Advisory Avatar Fund could fund bike paths
<in Go/den Gate Estates.
=::? Co~milsioner Shanahah ~ed, seconded ~ Co~s~oner H~le, to
~d ~ ~tract for C~W-Wlde ~bl~c Blk~y I~r~e~ents Project
· 69082~ B~d ~-1~85 to ~AC ~d authorize the C~~ to e~ ~
:'~t ~ ~lf of t~ ~d, w~th the c~e~t t~t, for the
Co~ss~oner Vo~pe redested that Logan be added to the ~et of
'/(Pro~ects and that staff be directed to explore the funding alter-
natives d~scussed today.
Upon call for the question, ~otion carriedunani~ously.
~AC ROAD CONSTRUCTION IN ACCORDANCE WITH BID 91-1759 AND REPORT ON
NSTABLISl~MENT OF AN ASSESSMENT DISTRICT WITHIN THE GOLDEN ~ATE ESTATES
FOR CONTINUATION OF GAC ROAD IMPROVEMENTS - AWARDED TO APAC WITH
Transportation Services Administrator Archibald explained this is
a report on two items involving the Golden Gate Estates, one being the
of bidding activity for upgrading limerock roads to a paved
standard, and the other being a financing report of different
(Options under consideration for funding continued improvements in the
Upcoming year. He revealed staff has done an inventory by the number
i/of.'.homes on each roadway. He related ten road improvements have been
and bid results received. He confirmed that APAC of
Inc. was the low bidder with a total bid of $392,393.17 for
~rovements to the roads. He explained that staff prepared the spe-
tions on a unit price basis, allowing addition or reduction of
amount of work to the contract. He stated staff Is today recom-
g considering the ten roads listed in the bad package as well
Page 15
· /:' - November 26, 199!
.POssibly three additional projects, if all can be included under
/funding available to the County in the GAC Trust Fund. He
,;.,'reported this adds approximately $35,350 per road for a total of about
{:' $?,700, bringing the total contract amount to $463,093.17. He
i'imcknowledged the funds are in place to do twelve roads and still leave
available in the account to pursue some special funding for
gonstderation.
~:' Mr. Archibald explained part two of this Item involves a brief
ion of how ftnanctn9 can be arranged for the remaining Improve-
in the Golden Gate Estates. He related that, depending upon the
growth rate and time frame, approximately $375,000 per year is needed
for Improvements. He announced that staff has made an analysis of
!...'~. ,i
four different methodologies for generating revenue and taxing those
; ',which would benefit from these improvements, in lieu of an ad valorem
.tax. He explained that alternatives considered by staff include an
assessment district based upon total acreage in the Estates that would
benefit and an assessment district based upon only Improved parcels
',Paying on an acreage basis. He concluded that the assessment district
i[,may be the better route to go, but added same has some mechanical
~roblems as far as Implementation.
i!, Ensuing discussion revealed that some t~e of taxing district ts
to continue the road Improvements tc the Golden Gate Estates
~rea.
In answer to Commissioner Volpe, Mr. Archibald confirmed that
~act fees cannot be used to cover the cost of paving roads as they
for capacity Improvements, and the roadways already exist. He
~lained that impact fees are being allocated to those roadways which
· ~?., part of the arterial road network that everyone uses and benefits
from.
? Mr.,,Archtbald acknowledged there are county-wide Municipal Service
Districts presently collecting small amounts of money for road
(,!maintenance materials. He related staff proposes, as part of the
funding package to look at what port/on those already paying Into the
Page I6
November 26, 1991
Taxing District are paying, and to take that money out and
it into the program for improving the limerock roads to a paved
status.
In answer to Commissioner Volpe, Mr. Archibald stated that gas
axes represent county-wide funds and should be utilized for either
][]~aintenance or improvements which are county-wide.
,.~i. ln;i'reeponse to Commissioner Goodnight, Mr. Archibald said staff
might look at possibly Increasing the millage rate for that particular
~axing district with the idea of being able to have some monies to do
'!both the maintenance and some of the road reconstruction in the
<Estates area.
Commissioner Goodnight suggested putting a time limit on the
of years the Golden Gate Estates area will have the special
(!~[taxing district imposed on it. She commented that the only fair thing
'~iis to do an overall taxing district.
~i~i:., MrJ Archibald stated it is necessary to take a look at a district
which encompasses all the properties existing at the time of
(!itranefer from the developer to the County and make sure everyone pays
a share. He explained that part of the problem confronting staff in
dealing with the various alternatives is to develop a scenario and
funding source equitably addressing all the different conditions that
~i,t in the Golden Gate Estates area.
Commissioner Volpe questioned whether, should the county-wide spe-
~ .cial taxing district become a realty as a mechanism for funding roads
Within the community, these parcels located in the Golden Gate Estates
be subject to both assessments, to which Mr. Archibald answered
'the affirmative.
George Keller, member of the Golden Gate Estates Association,
ii, 'implied it is inequitable to charge o~mers of Improved property more
those with unimproved property. He suggested the most reasonable
is to charge by roadway front footage.
~Commia$toner Goodnight concurred with Mr. Keller's remarks
~regarding the use of front footage as a method for calculating
Page 17
November 26, 1991
adding there should also be a t/me 11mlt set as well.
C~mm/~e~one~ S~mnahan move~, ~econded t~ Corotmalone= ~e
~,A~,.,tmon~ly, to award G&C road construction in accordance with
B:J.d 91-2759 in the amount of 0392,393.17 to APAC of Florida, Inc.,
while directing ataff to continue investigation of the romd ueeamnt
district atudy by utilizing roadmy frontage u a means of cmlculmting
. U~B~t ·
BID FOR-COLLIER COUNTY BAREFOOT BEACH PRESERVE BATHHOUSE IMPROVemeNTS
~i~i'(~ AND ~ OF CONSTRUCTION CONTRACT TO VANDERBILT BAY CONSTRUCTION INC.
'PURSUANT TO BID NO. 91-1780 - AWARDED WITH DIRECTION GIVEN TO PROCEED
Transportation Services Administrator Archibald explained this
item involves Phase I of the Barefoot Beach Bathhouse, and includes
of the bathhouse, ramp area, landscaping and covered
~.'.areas totalling approximately I300 sq. ft., in addition to a boardwalk
will interconnect existing boardwalks. He verified that Phase
'/II is yet to be completed. He reported the low bidder was Vanderbilt
Construction Inc., at a bid of $184,600. He confirmed that the
bid was below the engtneer's estimate and, according/y, the potential
ia~d capacity of the low bidder has been investigated. He relayed
~i~.staff~s recommendation for award of the contract to Vanderbilt Bay
ili~,Construction Inc. consistent with the specifications set forth
B~d No. 91-~780. He verified staff ~s concurrently re,eating
y to proceed w~th Phase II des~ and permitting, which ~nclu-
ides a d~e preservation 91an, a plan to remove some exotic plant
c~es, a plan to extend the boardwalks, and expand one of ~he parking
which has never been constructed but which ~s part of the
plying.
.~In response to Co~es~oner Hasse, Mr. Archibald stated that wate~
'eewer are available.
~ In reply to Co~ss~oner Sh~ahan, Mr. Archibald conf~rmed that
~'f~d~ng is from the regional park ~mpact fees.
:. ~011~r Hues ~ed, leconded ~ Con/so/one= S~ ~d
Page 18
.~carrted u~antmou~l¥, to mward a construct/on contr&ct for Phase ! to
B~F Construction Inc. pursuant to Bid No. 91-1780, ~nd
direct wt~ff to proceed with P~e 11.
- ~: 12:05 P.N. - Recantned: 1:05 P.N. at ~tch ttae
~WClerk ~tn replaced ~W Clerk Farr/s ~ee
; SHORT-LXST OF PROGRAM MA~AGKMX]FT CONSULTANTS TO ASSIST AND SUPPLEMENT
:TRANSPORTATION SqERV~CES D~VISIONWXTH THE CIK PRO~ECT$ - AI~O~D; AIgD
ENGI~IE~t~ & PLANNERS IN ASSOCIATION WITH MGT ASSOCIATES, INC., COASTAL
EN~I~gEERI~gG CoN~UL, TANTSf I,NC.f AND MORRISON KNUDSEN CORPORATION
Tom Kuck, Transportation Capital Projects Director, explained the
objective of this ttem ts to obtain approval of Staff's prioritized
recommended short-list of program management consultants as advertised
RFP #91-1769, and to approve the negotiation of a contract with the
~}number one ranked firm. He said the intent of this request is for the
consultant to provide a wide range of professional services to
~!~Traneportation Services, such as environmental permitting, right-of-
"acquisition, engineering analysis, cost and schedule control
'systems, review of professional engineering and construction contract
· construction phase services and other related accounting
j./:and reporting functions. He noted 10 proposals were received with
· four firms selected for interviews and presentations. As a result, he
~Satd, the selection committee ranked as number one, the firm of
Gannett Fleming Engineers & Planners in association with MGT
Inc., Coastal Engineering Consultants, Inc. and Morrison
Corporation.
Commissioner Shanahan asked for additional information on the
Lected firms.. '
;i'Mr.,?'Xuck reported Coastal Engineering Consulfanta, Inc., ~oa
.0~al.engtneering firm that will be a sub-consultant for Gannett
g Engineers & Planners. He said Gannett Fleming is a large
inational management engineering consulting firm with offices in
and a staff of approximately 1,200 people, 800 of which are in
transportation sector. He indicated Morrison Knudsen Corporation
Page 19
November 26, 1991
~1~ also a large consultant named as a team sponsor along with Coastal
and MGT Associates, I~c.
B~11.Warden, Manager of Engineering with Gannet FlamingOs Tampa
~' , ex~ounded that his firm specializes in highways, bridges,
k[-:("transportation planning and utility work. He advised the firm is
.headquartered in Harrisburg, Pennsylvania and has 26 offrices nation-
wide. He said their primary client is the public sector. He Indi-
cated their southeast regional office in Tampa has the expertise on
to accomplish the entire contract, however, the most logical
'i.'. approach is to involve a strong local presence for the environmental
permitting portion. For that reason, he said, his firm has become
;associated with Coastal Engineering. He stated their association with
;:Morrison Knudsen, one of the top three consulting firms in the world,
"w~ll enhance aspects such as scheduling, costing out the projects and
.establishing a management ~nformation system. He added they have
'associated with a firm with a proven track record in Collier County,
MGT Associates, who will supply the program director for this project.
He concluded they are offering a full service team with the creden-
tials and capabilities to accomplish the Job in a timely manner.
Commissioner Shanahah asked if Gannett Fleming is c~rrent~y doing
work for FDOT, to which Mr. Warden replied ~n the affirmative.
In response to Commissioner Volpe, Mr. Kuck advised $1§0,000 has
ibsen allocated In FY 92 for this project, as well as $70,000 for
~iJUSttfication for the Golden Gate 1-75 interchange, which may be
~ in th~s contract.
Commissioner Volpe commented he is uncertain of the intent of this
'~ County Nanager Dorrtll recalled this contract was proposed in 1991
conjunction with a $13-milllon expansion plan to accelerate a
'series of road construction projects. He said at the time, the dect-
was made to contract employees for those engagements rather than
lng construction management staff in the Transportation
Page 20
Division.
November 26, 1991
to Conmtssioner Saunders, Hr, Kuck Indicated the pro-
.sad'relationship may extend up to four years and if other projects
are added, may be ongoing.
~';; Commissioner Saunders suggested that It may be worthwhile to allow
:the to' ranked firms to present their proposals to the Board for the
process, because the amount of money to be spent on this
may be substantial if the relationship becomes long-term.
Commissioner Hasse commented the Board decided that Staff would
:hoose the best consultant, because they are more familiar than the
with that type of work. He added approval of this contract does
1Or mean the firm will be hired, only that they will be available
Staff feel their assistance is needed.
~' Commissioner Volpe concurred, but asked for assurance that Staff
~./'will not be utilizing the services of these consultants unnecessarily.
:" County Manager Dotrill stated the methodology for using the set-
provided for In this contract will be included In the agreement
;ol be.brought back before the Board.
iT?',:I In response to Commissioner Shanahah, Mr. Kuck explained the
g and ranking processes undertaken by the selection commit-
- Oo edssione= Volpe moved, aecondad by Co imaione Nasae and
::;'~C~XTlmd 4/2 (Commissioner Saunders opposed), to approve the short-list
for the ProsTmm Nmnmgement Consultant and authorize Transportation
;.Services Staff to commence with contract fee negotiations with the
one r~nked firm of Gannett Fleming Engineers & Planners in
with NGT Associates, Inc., Coastal Engineering
Cori~lt~nta, Inc., and Norrison Knudsen Corporation.
.STAFF TO CO~TINU~ WITH CONTRACT ADMINISTRATION IN ORDER TO COMPLETE A
~ CON~UI~TIN~ ~N~XNEERIN~ SERVICES A~'REEMENT FOR VANDERBILT DRIV~ WITH
.JOHN~ON. ENdINHeRINg, INC. , FOR EN~IN~ERIN~, DESIGN AND ~NVIRONM~NTAL
~EI~VICES FOI~ PHASE I IN THE LUMP SUM FIXED PRICE CONTRACT AMOUNT OF
Ladd Ryztw, Transportation Engineering Pro~[ect Manager, presented
an agreement for contract design services for Vanderbilt Drive per-
Page 21
November 26, 1991
i~ing to C.I.E. Project No. 025° which Involves converting the two
lane roadway to a four-lane divided road from Illth Avenue to Bonita
~'~Beach Road with a total project length of approximately 3.9 miles. He
Lsed the project is located In the North Naples Planning District
and the scope from both a design and construction standpoint Includes
[ght-of-way acquisition, major bridge construction work, off-site
":i,drainage facilities and ancillary construction and design Items such
as sidewalk paths and highway lighting systems. He reported Staff has
negotiated with the number one ranked firm of Johnson Engineering,
~:':'Inc., which resulted In a two phase approach. He explained Phase I
!consists of the design of 2.4 miles of Vanderbilt Drive from Wiggins
Pass Road north to Bonita Beach Road for which Staff has negotiated a
total lump sum fixed price contract fee amount of $3?4,993. He noted
~'Phase II Is a pending design project that has not been negotiated with
!Johnson Engineering at this point In time. He said Staff wtll
'conclude those negotiations and present the contract back to the Board
:~11nder a supplemental agreement Instrument at the appropriate time. He
/':also mentioned this two-phase contract approach is being utilized
ilb~cause of growth management and right-of-way reclutrements, the need
coordinate future developments with the four-lantng project, the
to assess environmental Impacts and to minimize the County*s tnt-
expenditure from an engineering standpoint. He concluded with
Staff's recommendation for Board approval to begin contract admi-
nistration efforts for Phase I with Johnson Engineering, Inc., in the
amount of $334,993.
answer to ¢o~untsstoner Volpe, Mr. Ryzlw Indicated that the
· ...'funding Is available through road impact fees, and there are not many
;!other projects that would consume this dollar amount In the next
:~.seve'ral years. He said Staff feels they have come up with an action
~lan that utilizes available funds while minimizing expenditures and
benefits.
'Pat Pilcher expressed her concern with the pro~ect commencing from
Wiggins Pass Road north to Bonita Beach Road. She indicated that
Page
· '-' November 26, 1991
{;.residents living along Gulf Shore Boulevard have been waiting for 14
(Years for that roadway, which is very narrow, two-laned and pitted
· with holes, to be improved. She said the dollars could be better
Dent in that area.
7:-' Transportation Services Administrator Archibald stated from a
standpoint, not only will traffic be generated in the corri-
''dot between Wiggins Pass and Bonita Beach Roads, but studies have
already been done indicating the growth can occur over a very short
~eriod of time. He said that ta the corridor where the growth will
traffic, not the corridor from Wiggins Pass Road down to
lllth Avenue.
Co~/eetoner Shanahah ~oved, seconded bF Co~alsmtons= H~sme and
unanimously, to approve of staff continuing with Contract
in order to complete a Consulting Engineering Servlcem
Agz~e~ent with Johnson Engineering, Inc., for engineering, deml~n and
~",_,env~z~nta! me~vtcem in the lump ~u~ fixed price contract a~ount of
$374,9~3 f~r~ Phase I of C.I.E. Project No. 025.
~O-*:.91-1784, A CONSTRUCTION CONT~,qCT FOR SANTA BARBARA BOULEVARD
"~ 'I~OAD~ID~ DITCH AND BIKePATH IMPIOUS - AWARDED WIT~ CONDITION~ TO
AP&C-FLORIDAt INC. f IN THE TOTAL BASE BID AMOUNT OF $74r779.70
Mr. Kuck presented a recommendation to award a construction
contract to Apac-Florida, Inc., for Santa Barbara Boulevard roadside
and bikepath Improvements, pursuant to County Bid No. 91-1784
said the contract will provide drainage Improvements for the Radio
.i:: ....project currently under construction. He Indicated the bikepath
run on the east side of Santa Barbara Boulevard from Radio Road
:o/the County park, approximately 3 200 lineal feet. He noted four
~tda were received and the low bidder was ipsc-Florida, Inc., with a
'of $?4,??9.?0, which is approximately 17~ below the engtneer~s
~ ~e. He concluded Staff ie recommending approva~ of this
Commissioner Shanahan questioned what developer contributions have
for this project? Mr. Kuck replied Staff will be returning
Page 23
November
the Board in the near future with an agreement with Power
~oration, the developer of Berkshire Lakes. He said they have
given to the County much of the right-of-way along the portion of
Radio Road currently under construction. In addition, he said, they
i'~ave' 'let the County use their lake system for water retention require-
ments and they have done some of the construction for the outfall
storm sewer. He advised in return for those considerations, the
y will give them credit for some of the impact fees they have
paid and for some of the right-of-way. He added they have also com-
mitted to $25,000 towards the bikepath improvements, however, that
be offset by the impact fee credit, resulting in the developer
:~owing ver~ little money to the County.
Commissioner Volpe indicated his concern that the County is
constructing bikepaths to accommodate the Berkshire Lakes Subdivision
~hile there do not seem to be funds available for bikepaths for
children along Logan Boulevard.
Transportation Services Administrator Archibald explained that the
~dsveloPer has committed to the bikepaths and is responsible to pay for
whatever the cost.
Commissioner Volpe pointed out that the contract cost for the
bikepaths is $75,000 of which the County will pay $§0,000.
Transportation Services Administrator Archibald advised the
t/agreement will address some commitments made by the developer as well
as commitments made by the County where he is doing things to make the
Radio Road project a reality. He said the premise behind the contract
ts to be able to identify those efforts being made by the County in
developer's behalf and vice versa, and put a dollar amount on each
'Commissioner Volpe communicated that he would like Staff to make
~re the Berkshire Lakes PUD contributes more than their fair share
the cost of these particular improvements.
,Transportation Services Administrator Archibald said Staff will
every attempt to fulfill those goals.
Page 24
November 26, 1991
Om~ai~A~ Shanahah ramred, seconded b~ Co~mteatone~ ]la~e ~d
~~ 4/1 (~l~oner Vol~ o~), To ~d Bid ~o.
l~Fl~t~, Inc., cond~t~on~ u~ ~ ~~nt ~ng reach~
' ~ ~t~ ~d ~t ~de fo~ their comAtt~
~ ~ Xt~. ~7
~ ~~ ~~~ S~ ~R~ ~ COLLZ~ CO~, ~ STA~ OF
~~ A~ ~2 ~O~D IN ~ ~~ COST-~U~ NOT TO
.~ ~ OF ~162,063.40
.. Nr. R~zt~ explained that while Collier Count~ Staff ts managing
.the Alrport-~lltn~ Road stx-lantng Improvements, the dest~ and
const~ctton is also being molded by the Florida Department of
n (FDOT) from a project coordination standpoint Re
added the e~anded services being re~eated also relate to
~;':-(developer agreements in efffect along Atrport-~lltng Road.
reported some o~ the cost for the expanded services ts reimbursable
-. (" ~der ~ agreement reached tn 1988. He satd the original scope
of the Airport Road project ~as limited, and this re.eat flor expanded
se~tces ~tll Include engineering flor approxtmatel~ 2,000 feet off S,R.
84, east o~ the Intersection at Airport Road; additional retirements
o~. FDOT for t~creased capactt~ level at the Intersect/on o~ Airport
Road ~d U.S. 41, as well as Increasing the safety level b~ making
provisions for pedestrian crossings at that Intersection; and
r address the existing pavement on Airport Road to have the best
~avement product from a benefit/cost standpoint
Coatestoner Shanahah asked flor the status of developer contrtbu-
tone.
;~:~:'~[* * Mr. R~tw reco~ended the Board approve the requeet for expanded
, s with the understanding that both developer agreements have
exerted by Collier Comfy. He said a check flor $25,000 has been
from Neapolitan Enterprises and the performance bond from
Aeblg Xnves~ments has been posted.
..r' In response to Co~tsstoner Volpe, Mr. Ryztw advised that this
~ Page 25
· November ~6, 1991
)le~enta! Agreement #2 is all Inclusive and will fulfill all the
~st~'requiremente for the entire project.
?'' Co~mion~r 8han~h~n ~oved, eecond~ ~ Cmtssl~e~ ~se ~d
.:/' c~t~~~ly, to authorize 5u~le~ental A~eeaent ~l for the
,J' ~ ~tces ~ ~11son, Nillet. ~rton & P~k. Inc.. with the
'~ t~t the d~lo~r a~e~nts ~ve ~en pro.fly ~
Page 26
November 26, 199!
'O1~104 K~PKALING c0'r. LTER COUNTT* O~IN~C~ 91-79 ~ ~ING
~~'~ ~~ 87-100, ~ ~~, ~0 IN~ ~ ~~
~,:~:~ ~ T~ ~ ~R ~ L~Y GOLF ~A~S B~IFICA~ON M.S.T.U. -
Legal notice having been published in the Naples Daily News on
November 6, 1991, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider an ordinance
~ng Collier County Ordinance 91-79 and amending Collier County
2ance 87-100, as amended, to increase the maximum allowable tax
*lev~ for the Lely Golf Estates Beauttftcatton M.S.T.U.
'~: Tom Conrecode, Capital Projects ManageRent Director, advised this
~equeet ks to tncrease the max/mum allowable tax levy for the Lely
Golf Estates Beauttftcatton M.S.T.O. He recalled that Ordinance 91-79
adopted with stipulations that provided for three mille of taxa-
t/on for three years to expedite the capital portion of the project,
and. then one mill thereafter. He said the advtsory committee has
~mmended in lieu of that, to repeal Ordinance 91-79 and further
amend Ordinance 87-100, authoriz~ng the maximum allowable tax levy of
.:~One and one-half mills from now through the duration of this M.S.T,U.
I Commissioner Shanahah clarified that the request seeks to increase
'the current one mill to one and one-half, and to decide whether this
ld be done by referendum or by approval of the Board of County
';:. The following people spoke in favor of the proposed ordinance,
stating the majority of the residents endorse the proposal; residents
~Ash to complete the beautification as soon as possible and this will
accomplish that goal in a more timely manner:
Mar~ Buschelman May Edwards
~':: George Pearson Art LeAdheleer
.. Warren Emley Wayne Scamehorn
Robert Jehring recalled That the Board previously agreed to let
matter be decided by referendum. He expressed the opinion if the
of area res/dents are in favor of this increase, they should
willing to allow a vote on the subject.
61
Page 27
November 26, 1991
i':~i~ioner S~unders ~ov~d, macondad by Co~imeloner S~ and
Uz~zzt~ousl¥, to close the public hearing.
Cc~alsmion~r Shanahen ~oved, seconded ~ Co~tssto~r ~se, to
.~ly~lf Kstat~ ~auttftcatton N.S,T.U.
Co~tsstoner Volpe Indicated his preference for allowing the issue
;~.'.to. go to referends. He said he ~ould have liked to have seen a pett-
[.~tton st~ed by 51~ of the residents to show there was a majority of
People within the district who are supportive of the increase.
Coatsstoner Shanahen cohented he made the motion based on the
of the Lely Ctvtc Association and the residents they con-
Commissioner Saunders mentioned If this is approved, the ordinance
..repealed at any point In time. He said if the Board hears an
cry of complaints, there Is a risk the ordinance would be repealed.
the other hand, he said, if the increase Is approved by referendum,
is no chance of a repeal. He indicated he will support the
but advised the residents of Lely that if the Board receives
letters opposed to this, he will initiate a repeal of the ordl-
"~.i Commissioner Shanahen concurred, stating he would support that
ion ·
~pea'call for the question, the ~otton carried 4/1 (Commissioner
.Velpe~p~sed), that the Ordinance as numbered and titled belo~be
into Ordinance Book No. 50:
ORDINANCE 91-104
AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 91-79 AND
AMENDING COLLIER COUNTY ORDINANCE NO. 87-100, AS AMENDED, WHICH
CREATED THE LELY GOLF ESTATES BEAUTIFICATION MUNICIPAL S~RVICE
TAXING UNIT BY AMENDING SECTION ONE TO INCREASE THE MILLAGE TO ONE
AND ONE-HALF MILLS; AMENDING SECTION TWO TO INCREASE THE MILLAGE
TO ONE AND ONE-HALF MILLS; PROVIDING FOR CONFLICT AND
SEVeRABILITY; AND PROVIDING AN EFFECTIVE DATE.
!BID~O, 91-1789 FOR CONSTRUCTION OF WAT~MAIN AND EFFLUENT LIN~S ON
~ ~HTENNION - ANARDID TO MITCHELL & STARK CON~I~UCTION
:;~!~~ IN'TH~ ~ OF $1t4~gr281.90
Page 28
· November 26, 1991
i '; ·.: ·
:.?'Fred Bloetacher, Assistant Utilities Administrator, requested
~roval of an award of contract for construction of water main and a
"~",~.." main/effluent line to Goodlette Road Extension, from Orange
Blossom Drive to Immokalee Road. He said this project will tie In the
Carica tank with the Immokalee Road lines on the water side, and on
L?:the wastewater side, will construct the future force main that will be
?~!used in the interim to provide effluent from the North Plant back to
~'Peltcan Bay. He advised of the eight firms responding, the low bidder
Was Mitchell & Stark Construction Company.
.... . ,,~ see Commissioner Saunders left the room at this tl~e see
?:;J'-..Commissioner Volpe asked why the project is so expensive?
::.;:, Hr. Bloetscher explained the two lines to be Installed Involve
five miles of construction. He also mentioned the existing
main is being lowered in a few areas to allow Transportation
Staff to put in the cross culverts without having to disrupt that set-
at a later point during their construction projects.
~,:'- In response to Commissioner Volpe, Mr. Bloetscher said it is anti-
btpated that the majority of this project will be completed prior to
~...:. commencement of road construction on Goodlefts Road, from Orange
i. Blossom' Drive to Immokalee Road.
"Commissioner Volpe inquired if there is a penalty provision In the
C~ntract if the project is delayed? Mr. Bloetscher stated there are
· damages associated with the project.
; Ce~t~ioner Volpe ~oved, seconded by Commissioner Hume and
carried 4/0 (Co~iaaioner Saunders out}, to award Bid No. 91-1789 to
Mitchell & Stark Construction Construction Company in the ~ount of
2al.90, with the understanding that this project will not delay
co~sd~mcttonof Goodlette Road Extension to I~okalee Road.
~D$ .......
'.' ~ID ~O, 't1--179[ FOR CONSTRUCTION OF ~ATER MAIN ON GULF SHORE DRIVE,
V~ILT B~ACN ROAD AND SIXT~ STREET IN NAPLES PARK AREA - AWARDED
~r. Bloetscher said this project combines Transportation and
!"-:Utility projects for Gulf Shore Drive Into one project He noted this
Page 29
November 26, 1991
conotructton Includes the widening and repaving of Gulf Shore Drive
~d.providtng bikepaths along the s~de of the road in con~ct~on w~th
re,eats. He sa~d stormwater drainage alterations are also
.~part of the work ~nvolved. He concluded w~th Staff~s reco~endation
~'~: to award the b~d to the low b~dde~, Gumann Construction.
~~A~ ~e ~d, ~econd~ ~ Co~l~sioner S~ ~
~A~' 4/0 (C~t~ioner S~der~ ~t), to ~d Bid No. 9~-XT95 for
:'~i~ of ~ter ~in on ~lf S~re Drive, V~rbilt ~ach ~d
~ ~ S~t tn the Naplea P~k area, to ~~ C~t~ct~ An
~ ~t mE 8~,723,561.70-
.TZATTON AGREEMENT WITH PACK NAREIIOUSK - APPROVED
· , ,,, Mr. Bloatschar explained Pace Warehouse ts requesting permission
to /andscape one of the Count¥'s utility easements. He said this
agreement allows that action, while holding the County harmless for
,,,~nY and all damages to the landscaping that may be caused by main-
::-raining the utility line.
iS '**0 .;-~mmtmtone~ Saunders returned to the meeting at this ttBe *'*
...... Commissioner Shanahah ~oved, seconded by Comuleeloner Hesse and
· coz~iod un~niBou81¥, to approve an eueuent utilization agreement with
Page 30
November 26, 1991
THAT THE BOARD OF COUNTY C0i~/ISSlONERS &UTHORIZE
~ TO EXECUTE A ~ORK ORDER UNDER THE ANNUAL COITIq~CT FOR
i~'~:[':AR~ S'ERVIC~$ NITH BARANY, SCHMITT, NEAVER & PARTNERS,INC.,
'FOR TH~ DE~I~N OF TH~ THIRD FLOOR OF BUILDING 'H' - APPROVED
Commissioner Volpe noted he asked for this Item to be removed from
the consent agenda. He asked what has been budgeted for the build-out
of the third floor of the Health Butldtng and what other departments
~..:besidee Environmental Services will occupy the space?
Leo Ochs, Administrative Services Administrator, stated the
nmental Services Division, which is currently housed in Building
t'.i:~"G" and a small trailer, will occupy approximately one-half of the
::third floor. He said an estimate has been done by Staff using the
costs for construction and renovation employed in constructing
/the Capital Improvement Element of the Comprehensive Plan. He said
remaining one-half of the third floor is unprogrammed at this
point in time.
:i.'(.Comatsstoner Volpe questioned if the total cost for the design of
~thtm floor will double at build-out?
{?.!:' Skip Camp, Facilities Manager, explained the total cost wtll
)end on what type of offices will be programmed. He said they are
tempting to avoid private offices and have open office space,
although it is more expensive initially, it is much more efft-
.ent after the fact.
Commissioner Volpe commented this pro~ect has nothing to do with
/concurrency. He said $662,000 is budgeted for the current fiscal year
'i.that will come from the minus one mill capital Improvement levy. He
the timing of this particular addition.
~::,., Mr. Ochs said that Is a policy decision of the Board. He men-
tiened an office allocation program was approved by the Board that
· covered the past and current fiscal years, and Staff has been pro-
according to that plan. He advised the Clerk of Courts
operation is housed partly in space the Sheriff is allowing
i, be occupied in Building "A", and partly on the second floor of
Page 31
November 26, 2991
'F~, and the Clerk is desirous of consolidating that opera-
.~ion./ He said they are programmed to move, along with the Mailroom,
-./-into Building 'G" when Environmental Services moves out in the Spring
~o£ 1992. Therefore, he said, If this project does not move forward,
.:Shere ts a ripple affect to other areas.
· Commissioner Volpe indicated the main Issue heard repeatedly is
~:.*.(concurrency. He said in light of the budget restrictions and the fact
:;ifthat the County ts looking for monies to fund Its transportat/on net-
~rk, possibly this project should be delayed. He asked what ts the
c~.st per square foot for this project?
:'. Nr. Camp stated the total project budget is $55.18 per square
'foot, however, Staff fully expects to return part of the allocated
~ funds.
~ ssloner Saunders Indicated he understands the point made by
r Volpe that there are certain Capital Improvement Element
ects in need of funding, however, that should not automatically
~alt non-C.I.E. pro~ects.
~1~4/1 (~iesioner Vol~ ~sed) to ~thortze t~ ~i~ to
e~ ~= tn the ~t of 833,000 ~r the ml
~, I~., for t~ dsst~ of the third fl~ of ~tldlng sl'.
Page 32
-: November 26, 1991
~1~':; ....
~!~IT:'BT'T~I BOJLRD OF COUNTY COMMISSIONERS FOR ~, G~BL~N
~~TION ~ L~ GO~ - CO~I~D
,., Tom O/ltff, Assistant to the County Eanager, presented a request
,. that the Board provide consen~ for Nabors, G~bltn ~ N~ckerson, P.A.
(NGaN),' a f~rm ~enerally under contract w~th the County, to compile
~ .Co~ty Development District (CDD) ~nformatlon, and the ~mpacts'
or, those CDD~s particularly as they relate to Collier County. He said
r~o~to NGaN enter~n~ ~nto the contract, they felt they should
Board support. He noted the work w~11 be fully funded by an
~ts~de developmen~ company, and there will be no cost Incurred to the
although Collier County may realize informational benefit from
he re. ft.
~oner Saunders cohented ~f a conflict arises due to NGaN~e
'ppreaentatlon of Collier Count~, the ~oard ~tll have consented b~
this ~deratandln~ to permit the conflict to exist.
:~; It ta not appropriate that the Board of Count~ 0o~lsstoners
.that.
Co~ty Attorney Cuyler stated according to hls ~derstandtng,
there ~s a conflict, NGaN will cease their representation of the deve-
loper.. ~e sald the purpose of thls Item is to inform the Board that
~hey have been approached wlth this project, which they feel they can
.. also provide benefits to the County.
~~t~ S~ ~, mec~d~ ~ Co~tmmi~ S~ere, to
: ~~,, ~ W~I~ cede to repre.ent e~the= the C~ oF
:.~[)Co~ssloner Volpe asked ~f N~aN w~ll continue to represent the
,.'~n a~l ot~e= matters othe= than ~ssues concerning ~te Lake
.... ~ai Park?
'Co~ A~o=ne~ tulle= s~ggeste~ tha~ 5e con~ac~ ~aN ~o allow
Page 33
November 26, 199!
the opportunity to explain the project to the Board.
~io~e~ Shanahanwith~rew the ~otion.
Z*.~-~ ~ to continue this lt~a in orde~ to invtte NG~N
to'l~o~wTullFexplain the tm~uem involved.
· County Manager Dotrill suggested the Board set a date for the
.:Homeless Workshop in early 1992 based on the current schedule.
· ~.~. He
~entloned 'January ?th or January 14, 1992, as possible dates.
~'- Commissioner Goodnight asked that the Workshop be scheduled on
y ?, I992, at 11:00 A.M.
Commissioner Volpe suggested the discussion be limited to one
hour.
~eDo~rt~ Cl~rk !Io£fnan replaced Deputy Clerk Guevtn at thim
91-105, AMERDING TH~ COLLIER COUI~fY LAND DL~F~LOFN~I~f CODE,
":~:,~BT CBAI~OI~-THE Z~ ~SlFICATION ~ ~, ~SID~I~ T~IST TO
V~I~T ~, ON ~ NOR~ SIDE OF ~ C0C0~T~E R~, ~ ~00
Legal notice having been ~ubllshed In the Naples Daily News on
...October S, 1991, as evidenced by Affidavit of ~bltcatton flied with
'~ Clerk, public hearing was opened to consider an ordinance rezonln9
l~ds to Residential Tourist, RT and authoriztn~ the constsc-
of a ~lti-famlly residential development consistin~ of a maxi~m
of' 136 residential units (9.3 units per acre), such ~lta not to
~.',, ~
exceed ~00~ .In height with associated amenities for property located
]On;~the west aide of Vanderbilt Drive approximately one half mile south
i;of.:the Intersection of Wiggins Pass Road and Vanderbilt Drive t~e-
~lately south of Wt~ins Pass Marina.
Pl~e~ Weeks explained that this item Is a fezone under the
~.~,. Resvaluation Ordinance and includes Companion Item
Development Agreement for the same parcel.
Page 34
November 26, 1991
, Weeks reported that the subject property is adjacent to the
owned by Collier County and proposed for a County park and boat
'?-ramp facility. He indicated that the properry's current RT Zoning is
!i!:~i.nconsistent with the Growth Management Pi~n and the objective is to
!.rezone same to a density consistent with the Plan
.~!j. Mr. Weeks stated that this property ~as discussed on September 5
Y and 16 as part of the batch rezoninge pursuant to the Zoning
.Resvaluation Ordinance, however, this property was continued to allow
for the preparation of the companion development agreement. He
.that the Board's "straw vote" indicated support for the pro-
y to remain zoned "RT" but to allow development of a 136 unit
'?'/multi-family project with an associated yacht club facility.
Planner Weeks announced that the existing Site Development Plan is
the basis for an exemption which was granted for the property and
.allows the property to be developed with 227 dwelling units, varying
heights from two to eight stories. He noted that because of the
~tton, the property would not be subject to this rezoning, but
~.~he propert~ owners have requested that it come before the Comm~selon
!'aince there is a time limit with the SDP Exemption requiring that
~ion commence in January and continue on through completion of
project.
Mr. Weeks advised that staff's recommendation ia that the property
rezoned from RT to RMF-6 which would allow 88 units to be built on
ii;~hisaite, however, the Planning Commiss~on~e recommendation is that
the property be allowed to be developed at the 136 un~te, as requested
..[:..by the property owner. In addition, he remarked that the Planning
Commission also recommended that hotel/motel and time share uses be
~rohibited on this site, limiting same to multi-family use. He noted
.~thera is a companion development agreement which accomplishes the
~on and uses.
[:fi' Planner Weeks reported that staff is recommending, pursuant to the
CCPC~a recommendation, that this property be rezoned from RT to RT and
!~o allow for a lS6 multi-unit development with the prohibit~on of
Page 35
November 26, log!
and time share uses.
,eeko:related that the Companion Development Agreement provi-
:yacht club facility, noting that there are currently 190
~boat slips on site. He divulged that the yacht club would include
suites and sales of water related uses. He indicated that the
use for the yacht club facility requires conditional use
)royal which As not being di~cussed today but will be come before
the Board at a later date. He noted without the rezoning as requested
'~nd approval of the development agreement, such a use would not be
possible.
'Planner Weeks stated that the Future Land Use Element does provide
water-dependent and water related uses, therefore, the yacht club
?facility tsa use that is encouraged. He affirmed that the develop-
agreement As coming before the Commission, as authorized by the
:Adequate Public ~acilitfee Ordinance.
'..'..Mr. ~eeks pointed ou~ ~ha~ ~he Execu~ive Su~ar~ liana ~he deve-
Xoper's co~A~men~s, ~he mos~ sA~A~Acan~ being ~he contribution o~
'$~[funde toward the development of the County's proposed boat ramp and
:p rk facility.
;..:.In response to Commissioner Volpe, Assistant to the County ~anager
.explained that during negotiations of the Development
~ the developer proposed certain items that he would
:contribute to the County. In addition, he noted that the developer
would have to construct a turn lane off Vanderbilt Drive to meet the
of his development and the County*s boat ramp and a
~ent of the entrance road. He remarked that there la some
~bout a secondary easement that ie in the County~e way with
to completion of the boat ramp park but that eaeement will be
~:~cated ae part of the &gree=ent. Hs stated that the ~ard house for
tt'proJect is presently located off Vanderbilt Drive but will be
a point closer to the developer's project and away f~om the
,park entrance.
Commissioner Volpe questioned whether,the yacht club would include
,. Page 36
November 26, 1991
Mr. Alan Reynolds, of Wilson, Hlller, Barton & Peek, Inc., stated
[.that there is no intent for fueling facilities.
In answer to Commissioner Volpe, Mr. Reynolds Indicated that it is
!.:Lproposed that construction would commence in mid-1992. He'explained
~.(that the $137,000 ts a direct contribution over and above what has
:'~'been budgeted by the County to construct the facility. He noted that
~the improvements that the County will be receiving by payment in lieu
;'~.of doing actual facilities improvements is substantially greater than
the $137,000 amount.
· In response to Conmtsstoner Shanahah, Mr. Relmolds explained that
"f,the access to the park would not have to go through the gate house.
Mrs. Pat Ptlcher voiced concern with regard to the $137,000,
that this is a small sum of money for a change In zoning.
County Attorney Cuyler pointed out that the effective date of the
!?Zoning Ordinance needs to be made effective upon the effective date of
i'!:~the Development Agreement. He noted that the Development Agreement is
~[made effective upon approval of the Conditional Use. He advised if
?,.'the Commission approves both Items today and two weeks from now the
Conditional Use Is not approved, none of the items, including the
become effective and the developer would have a right to
,,!~'proceed under his existing site development plan
~[[ County Attorney Cuyler called attention to Page 15 of the
Agreement, Sectton 5.3, "However, notwithstanding the
'oregoing or any other provision to the contrary (expressed or
i~plled) in this Agreement, in no event shall any existing or sub-
sequently adopted ordinances and policies be applied to reduce, eltmt-
.hate, or In any way directly or indirectly Interfere with the
rights, nature, densities or Intensities set forth tn this
or the Yacht Club Conditional Use." He reported that staff
continually tried to make sure that these Development Agreements
ii:~o not allow a full vesting of a development. He noted that vesting
,i~he 'nature" of the development could mean that future ordinances are
Page 37
applicable.
November 26, 199!
oner Volpe questioned whether there is an understanding
,regard to the petitioner bearing all costs in terms of cleaning
the easements and any survey problems.
Attorney Donald Pickworth, representing the petitioner, replied in
the afffirmative.
!::.. Co~u~isstoner Volpe remarke~ that language in the Agreement says
gate house may be relocated within the easement but shall be
;located so as to minimize interference with traffic using the boat
launching facility." He suggested that the gate house be located on
jthe petitioner's property to avoid any potential problems.
~,./ Nr. Re~nolds stated that the gate house would be subject to the
approval. Commissioner Volpe explained that he would like to
Bee some type of agreement which references that the gate house would
be located at the minimum of where the bridge is and as far to the
,as possible, Mr. Reynolds voiced concurrence with Commissioner
s suggestion.
? :.'There were no other speakers.
!Co~lul~n~ Sh~nahan ~oved, seconded b~ Comissioner ~use ~nd
~i~ou~l¥, to close the public hearing.
-Cme~t~ioner Shanahen ~oved, seconded by Co~aissioner H~se ~nd
[carried unanimously, t~t t~t the Ordl~ce ~ n~r~ ~d titled
:~1~ ~ a~t~ ~d entar~ into Ordtn~ce ~ok No. 50=
ORDINANCE 91-105
AN ORDINANCE AMENDING ORDINANCE 91-102, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH ESTABLISHES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8517S;
BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM THE RT, RESIDENTIAL TOURIST ZONING CLASSIFICATION TO
THE RT, RESIDENTIAL TOURIST ZONING CLASSIFICATION WITH A DENSITY
CAP OF 136 MULTI-FAMILY DWELLING UNITS, AS DETERMINED BY THE BOARD
OF COUNTY COMMISSIONERS TO BE APPROPRIATE AND TO BE CONSISTENT
WITH THE GROWTH MANAGEMENT PLAN, PURSUANT TO OBJECTIVE I AND
RELATED POLICIES AND POLICY 3.1.K OF THE FUTURE LAND USE ELEMENT,
AND THE FUTURE LAND USE MAP OF THE GROWTH MANAGEMENT PLAN, FOR
PROPERTY LOCATED APPROXIMATELY 350 FEET WEST OF VANDERBILT DRIVE,
ON THE NORTH SIDE OF THE COCOHATCHEE RIVER, AND APPROXIMATELY 500
FEET SOUTHWEST OF THE INTERSECTION OF VANDERBILT DRIVE AND WIGGINS
PASS ROAD, LYING IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE.
';Jj?I~'V'~E~eI~T ~ B~ COWI~L]:N POINT D~I~,O~ CORPOI~tTION
''AND'COT~IE~COUNTY - APPROVED SUBJECT TO ZTZPULATZON$ AND ADDITIONAL
LOCATION OF GATEHOUSE TO B~ D~NED BY THE COUNT~
CO~LIN ~oIFr ~zoxx}
Legal notice having been published in the Naples Daily News on
October 30, 1991, as evidenced by Affidavit of Publication filed with
· /;:':' the Clerk, public hearing was opened to consider a development
(i...agreement between Conklin Point Development Corporation and Collier
authorizing the construction of a multi-family residential
'.?/development consisting of a maximum of 136 residential units, (9.3
units per acre), such units not to exceed 100' in height with asso-
ciated uenities and a private yacht club consisting of a club house
:~:!!bulldtng, cabanas, and not more than 191 boat slips, with associated
~c'lub amenities (if such yacht club shall be approved by a separately
,~?~
)lied for provisional use), located approximately 350 feet west of
Vanderbilt Drive, approximately 400 feet southwest of the intersection
Jof Wiggins Pass Road and Vanderbilt Drive immediately south of Wiggins
.;.Pass Marina and immediately north of the Cocohatches River.
This item was discussed in conjunction with Item 12B1.
,' .- C~e/Nton~r Shanahah ~oved, meconded b~ Co~aissioner H~se ~d
w~.~..- ~t~~ly, to clo~ the ~bltc he~tng.
~~ly, to m~ the ~l~nt A~~t with C~lin
~t.~l~t, ~bJ~t to etaff'e stt~latt~e ~d t~ ~ltl~l
sttFal&tloa tl~t the ~atehouse b~ placed tn the ~oat suitable location
t~o b~ 6zt~z'~ by the Count~.
Page 39
November
mt~ne~ Saunderm left the
~~~ ~ ~ FOR ~ - ~ ~QUIW GOLF CL~
Legal notice having been published in the Naples Daily News on
November 10, 1991, as evidenced by Affidavit of Publication filed with
~hs Clerk, public hearing was opened to consider Petition aMP-90-21,
ftled by Krta Dane of Coastal Engineering Consultants, Inc., repre-
:..
f..senting the Founders Corporation, requesting an extension for
'Subdivision Master Plan approval for Arete, an equity golf club,
fronting on the West aide of C.R. 951, between Rattlesnake Hammock
Davis Boulevard.
Community Development Services Administrator Brutt announced that
has reviewed the documentation, noting that the Petitioner will
to meet the requirements of the newly adopted Unified Land
lopment Code. He indicated that staff recommends approval of the
County Attorney Cuyler advised that the Board wtll no longer be
g these types of extensions, noting that the~ will be handled
Development Services.
were no speakers.
Cc~t~et~ne~ Volpe ~oved, seconded by Commissioner Shanahah ~nd
'~arrie~ 4/0 (Cc~aissicner Saunders cut}, to close the public he~ln~.
Commissioner Shanahah asked if the extension ta being requested in
for the permitting to be received from the Corpa of Engineers.
~Mr. Brutt replied in the affirmative, noting that there is a clueetlon
.relating to wetland determina~ton.
4/0 (~~Ao~r Sanders ~t), to m~r~ the ~t fo~
PrfITION-~la-89--15, CASA DEL SOB GOLF AND COUNTRY CLUB, 8LENN E.
:·;.~CAUDIr-r- I~I~tE~TING SHREWSBURY ASSOCIATES, I~E~UESTIN~ EXTENSION OF
· ~F~DMSION ~tST~R PLAN FOR FROPE~TY LOCATED ON THE WEST SIDE OF ROUTE
951f OM~ HAL~ MILE NORTH OF RATTLESNAKE HAMMOC~ ROAD - APPROVED
:the Clerk, public hearing was opened to consider Petition SMP-89-15,
November 26, I991
hamlag been published in the Naples Daily News on
10, 1991, as evidenced by Affidavit of Publication filed with
flied by Glen E. Caudtll of Anchor Engineering, representing
Shrewsbury Associates, requesting extension of Subdivision Master Plan
*for Casa Del Sol Golf and Country Club located on the West side of
951, 1/2 mile north of Rattlesnake Hammock Road.
Community Development Services Administrator Brutt advised that
this item Is similar to the previous Item. He reported that the pett-
'[/ittoner Is requesting a one year extension of the subdivision master
~lan. He remarked that the Development Services will provide the
necessary documentation, in accord with the Unified Land Development
ii.... Code ·
4i~:.~ There were no speakers.
C~d~to~e~ ~se ~oved, ~econded by' Co~tsstone~' Sh~n~mn ~nd
4/0 (Commissioner S~unders out), to close the public hearing.
'. Co~I~i~n~r Volpe ~oved, macondad by Commissioner Has# ~md
-Ntttl~ ~~1}, with a r,tsg ~tratton ~te of ~to~r 14,
01-792, R]E PETITION PU-89-23, JOSUE RIMCON, PASTOR,
BETHEL ASSEMBLY OF GOD, INC. R~UESTXNG EXTENNXONOF
'pI~0~I~ONAL ~ gAg 0F THE RN~-6 ZONIN0 DISTRICT - ADOPTED
Planner Mulhere indicated that this item Is a request for an
:tension of a conditional use for the Bethel Assembly of God. He
remarked that the petitioner desires approval of the provisional use
!'to ~onstruct a 6,120 square foot church. He noted that the Board
~approved this petitton one year ago, however, under the provisions of
newly adopted Unified Land Development Code, extensions may now be
,'~ranted up to one year three times.
.;-:~ !' Co,Isotoner Volpe questioned whether the Commission should be
[,.extendtng provisional uses that are Inconsistent with the Growth
Management Plan.
County Attorney Cuyler replied that the Board has
Page 41
November 26, 1991
a policy decision to go back after provisional uses In th~s
ard if they have been approved. He reported If one extension le
and the t~me lapses, the petition would then be required to
become consistent with the Plan.
~'kMr.. Mulhere advised that th~s petition ~e consistent w~th the
G~owth Management Plan.
P,,o~'iem~.onez' ~ee moved, seconded by Commtse~Loner Volpe and
-cl~'~e~'4/O (Coll~11~oner Saunders out), to ml~rove the re~Zt~elt fo~
o~ Pet~t~ou PU-89-23, the=ebF rodopting Resolution 92-T92.
Page 42
November 26, 199!
Comity Development Services Administrator Brutt explained that
this :ires is a request to amend Resolution 91-637, due to a scrtve-
hefts error in the legal description of Gulf ~laterials Recovery and
:.,Artificial Reefs, Inc. He Indicated that staff recommends that the
,fiats resolution be adopted.
Commissioner Shanahah moved, seconded by Courtisotoner Hesse
;.~. csrFied'4/O (Commissioner Saunders out), to adopt Resolution 91-703.
Page 43
/~,~' DOAI~D O~F ~ COMmiSSIONERS' COMMUNICATIONS
November 26, 1991
Saunders returned to the meeting at th/e time
Commlss/oner Shanahah remarked that three weeks ago the Board
directed the County's Attorney's office to move ahead on the Tourist
Develo Tax repeal and reversal with a list of seven items
a response,
-Count~ Attorney Cuyler replied that he sees no reason why public
cannot be held on the necessary ordinances in January. He
'(advised that he will prepare a memo providing the time lines relative
.~%0 the advertisements.
~i" Commissioner Volpe stated that remedial legislation may cure the
of Going forward but it does not address the present issue of
[-~%he $4.5 million and what should be dons with same.
Commissioner Shanahah cited that the mon/es need to be addressed.
Commissioner Saunders explained that he has spent a considerable
~0%%nt of time with the litigants and their attorneys, and they have
;;agreed to cooperate with the County to find a way to dispose of the
money in the least expensive way, i.e. use for public projects,
or return to those that have paid the tax. He suggested that some
F~e.of Judicial action be flied for a determination of what needs to
done with the money.
['[/Commissioner Volpe stated that it appears the County has three
ttions: move post haste to find a mechanism to return the money;
,out a cooperative agreement with the litigants and go to court
a Judicial approval of a plan that has been worked out with the
h~telters; or pursue a special act of the legislature.
~l . Commissioner Volpe advised that he has met with representatives
~ro~ the School Board with respect to sites that may be available to
used for soccer fields. ~e noted that the Vineyards Elementary
has approximately 32 or 33 acres and the County Manager will
l~report further on this endeavor.
s~s
Comm/metoner Haise moved, seconded by Commissioner Shanahan
~xadcaxTledunanlmou~ly, that the following items under the
con~wnt a~vnda be approved and/or adopted:
Page 44
November 26, 1991
b'~*--'( 1. The excavation shall be 1/m/ted to a bottom elevation o~ -4.0
ft. NG~. All disturbed areas proposed for lake excava~ton
shall be excavated to a minimum elevation off +6.0 ft. NGVD.
Off-site removal of material shall be subject to "Standard
Conditions" imposed by the Transportation Services Division
In document dated 5/24/88.
All stipulations and conditions of Provisional Use Petition
No. PU-91-14 and Rezone Petition No. R-91-8 shall be adhered
to.
No excavation permit shall be Issued for this petition until
Rezone Rezone Petition No, R-91-8 and Provisional Use
Petition No. PU-91-14 have been approved by the Board of
County Commissioners.
No Excavation Permit shall be Issued until all Impact fees
have been paid.
If trees are to be removed as a result of the excavating
operation, a Tree Removal Permit, required by Ordinance No.
75-2! shall be obtained from Collier County Project Review
Services before work shall commence.
All provisions of Collier County Ordinance No. 88-26 shall be
adhered to.
8. Copy of South Florida Water Management District
construction/operation permit or early work permit shall be
: ,, provided prior to excavation permit approval.
ACCEPTANCE OF WATER FACILITIES FOR COUNTRYSIDE AT TRACT 10 - WITH
The water facilities to serve the project cannot be placed
Into service and no Certificate of Occupancy shall be Issued
until the Florida Department of Environmental Regulation fur-
nishes a letter approving the water distribution system for
service.
Bacteriological testing has met the County's requirements.
The Fire Flow requirements of the project have been
satisfied, and the Fire District furnishes a letter accepting
the fire hydrant for ownership and maintenance.
Receipt of payment of water usage from Utilities for bac-
teriological testing.
5. That the Board of County Commissioners accept as surety the
f;/,~? ~. Irrevocable Standby Letter of Credit No. SM-22207091 In the
~ ......' amount of $3,3113.00.
See Pages
BOOK"/& 7
[~';~':[ACC~CE 0F ~0 I~OC~LE ST~BY LETTERS OF C~DXT TO
.;f.~ CO~TION 0F ~CAVATION PETIT NO. 59.204 ~ ~ O~-SITE
~STO~TION FOR "COLLEGE PROPERTIES OF S0~ST ~ORIDA,
S~S PIT~
Page 45
November 26, 1991
:.... /o I
:Xte~a ,16A&
The water facilities to serve the project cannot be placed
Into service and no Certificate of Occupancy shall be issued
unt/1 the Florida Department of Environmental Regular/on fur-
nishes a letter approving the water distribution system for
service.
2. Bacteriological testing has met the County's requirements.
3. The Fire Flow requirements of the project have been
satisfied, and the Fire District furnishes a letter accepting
the fire hydrant for o~nershtp and maintenance.
4. Receipt of payment for water usage from Utilities for bac-
teriological testing.
REqORDED:IN..' OR BOOK 1675 PACES 2137 - 2145
#15A5
;'R~$OLUTX0~ 91-789,
AUTtlORIZING PRELIMINARY ACCEPTANC~ OF ROADWAY,
:~.' ~ ........... ~ ~A~ ~OM ~ D~LO~ FOR
· *"~~ ~ 1~O~S FOR M~ _
~T~T~ON~ NX~ OF O~ ~ -
~'~;,. ~ grant~ flnal acceptance of
,~ ~,,..,: · _ all Improvements,
~,~ . ~Ave un~AA water and sewer ~actlttlea hay
'~.~:5: e been conveyed to
~~~~~~: h Florida De artmen
. : · P t of Environmental
[~' a Regular/on furnishes
'1~;~: ~e,,er au,hor,z,ng ,he sewer sys,em ,o be placed ,n ser-
/~::~:j:!~',~: 2. That the Board of County 0omm,ss,oners accept as surer the
~~.~'~:~-. Irrevocable Standby Letter of Credit No. ~83
~j~r~~f~j:~:,' $6,343.00. ~n the amount
~.2' ' ~O~XO~ ~-7~0~ A~ORXZX~G ~E~XMX~ AOCE~O ,
; ~' ~: ~I E OF RO~AY
:" ~ 1. Accept the Maintenance/Contract Bond as security for main-
tenance of the Infrastructure until the Board of County
Commissioners grants final acceptance of all improvements.
Page 46
.November 26, 1991
Preliminary acceptance of Improvements will not become effec-
tave ~tAl wa~er and sewer facilities have been conve e
Collier County Nater-Sewer District.
CIE ~O~CT NOS. 026
Item dr.1. 6D3
/SJtTISF&CTTOI~ OF NOT~CE O~ ~OH~SE TO PAY
~STA~S) ~ LUIS ~L G~CIA A~ DKB~ L. G~CIA
Item [16D4
SATISFA~IONS OF AG~~ FOR
~S ~R A~RY DAVIS, ATTO~ IN FAOT FOR DEL~ W. L~S ~ FOR
JOSE ~ ~IN ~ KLVI~~IN
see Pages
November 26, 1991
rte~ #16D5
#OTIC~ OF PROMISE TO PAY AND AGREEI~qTT TO EXTEND PAYMENT OF
FEES ~R ~~ ~AG~ C0~ INC.
r ~' ~See Pages /~ ~ -- /~
: ([BID fi1-1787 TO CO~RCI~ ~ ~I~N~CE, INC. FOR
02,2o0
926E2 Moved to Item ~8ll
:ten
i:~R3~KMAL OF.SOLE SOURCE SERVICE AGREEMENT FOR DEMAND MAINTENANCE OF
~:PHY~IO CONTROL LIFKPAK HEART MONITORS, DEFIBRILLATORS, BATTERY
Cl~tR6~RS AND AUTOMATIC BLOOD PRESSURE CUFFS
See Pages
Item ~16F2
[*':"'.BID ~91-1794 TO HARRISON URIFORN CONPANY OF ST. PETERSBURG, ~LORIDA
~ FURCR&~E OF URIFORNS FOR TH~ DEPARTI~NT OF ~R~NCY !~DICAL
=:::??a ~**,. -
~.' Iq]]IEMA~ OF SKlqVICE AGREEMENTS WITH RKGFILKS, INC. FOR D~~ OF
.../~~~ ~TION (D~) ~ WA~ ~AG~ DIS~I~ FILES -
IN ~ ~ OF $5,020 ........
See Pages . / ' _
~.~A~O~ DEED CO~IN~ ~ I~ST P~OUSLY ACCUSED VIA ~NAT~ON
See Pages
'?.Iteu#/6H2
~BIJ1MIKTJLMENDMENT TRANSFERRING FUNDS FROM RESERVES TO THE EAST NAPLES,
~RTH NAPLES AND THE IMMOKALEE COMMUNITY CENTER PROJECTS
Itsit #2631
FOR INM&TE 66697
61454 AND 65518
..-;,; .: , ..,
IPlISCELrm OOS COmtESPO CE - FILED A /0R REFERRED
!;i:(:'.!: The following miscellaneous correspondence was filed and/or
referred to the various departments as Indicated below:
Notice of Workshops re rules that Implement growth management
laws, from the Department of Community Affairs. xc: Frank
Brutt, Neil Dotrill and filed.
Page 48
November 26, 1991
Memo dated 11/12/91 to All Smal! Cities Community Development
Block Grant Eligible Communities, Regional Planning Councils,
and Other Interested Parties, from Lewis O. Burnside, Jr.,
Director, Division of Housing and Community Development, re
FY 92 Funding Cycle Preparation. xc: Frank Brutt, Nell
Dotrill and filed.
Letter dated 11/5/91 to Chairman from Jon M.. Iglehart,
Envtronmenta! Specialist, Department of Environmental
Regulation, re Collier County - WRR, File #112043355.
Nell Dorrtll, Harry Huber and filed.
xc:
Letter dated 11/12/91 to Chairman from Jon M. Iglehart,
Environmental Specialist, Department of Environmental
Regtllatton, re Collier County - WRR, File #112044035. xc:
Neil Dotrill, Harry Huber and filed.
Letter dated 11/13/91 to Chairman from Jon M. Iglehart,
Environmental Specialist, Department of Environmental
Regulation, re Collier County - WRR, File #112045105. xc:
Nell Dotrill, Harry Huber and filed.
Notice of Public Workshop dated 11/8/91, from the Department
of Environmental Regulation. xc: Nell Dorrtll, Frank Brutt
and flied.
Letter dated 11/13/91 to Chairperson from Trudte D. Bell,
Environmental Supervisor, Wetland Resource Regulation,
Department of Environmental Regulation, re File #112046159,
Cedar Bay Marina. xc: Nell Dotrill, Harry Huber and filed.
Letter dated 11/7/91 to BCC from Tony D. McNeal, Engineer,
Bureau of Coastal Engineering and Regulation, Department of
Natural Resources, re File #C0-347, Rick and Gretchen
Bellestrt. xc: Nell Dotrill, Frank Brutt and filed.
Approved Permit #03060, dated 10/29/91, from Department of
Natural Resources, Division of Beaches and Shores, re Brett
D. Moore. xc: Nell Dotrill, Frank Brutt, Bill Lorenz and
flied.
Memo dated 11/5/91 to Governor's Office of Planning and
Budgeting, from Annette D. Phillips, Director, Office of
Management and Budget, DOT, re Nottf~catton of Proposed
Budget Amendments/Work Program Amendments to the FY
91/92-95/96 Adopted Work Program - 92-1054, 92-203?, 92-2038,
and 92-2039. xc: George Archibald, Nell Dotrill and filed.
Minutes Received and Filed:
Be
C.
D.
E.
F.
Productivity Committee minutes of 7/15/91, 7/29/91,
8/12/91 and 8/26/91.
Golden Gate Parkway Beauttftcatton agenda of 10/12/91.
Planning Commission agenda of 11/21/91.
Homeless Advisory Board minutes of 10/7/91/
Veterans Council minutes of 11/6/91.
Golden Gate Fire Control & Rescue District agenda of
11/13/91.
Homeless Advisory Committee amended minutes of 9/9/91.
Marco Island Beauttflcatton Advisory Committee agenda
for 11/5/91.
000,, 114Pag. ,9
13.
November 26, 1991
Notice To Owner/Contractor to BCC and Harper Bros., Inc.,
from USG Southeast/B & H Sales, advising that PVC pipes,
valves, fittings and accessories have been furnished for the
Radio Road Water Main, under an order given by Manares
Underground, Inc. xc: John Yonkosky, Steve Camell and
filed.
Notice To Owner to Collier County and D. L. Porter
Construction, from L & W Supply Corporation, advising that
drywall, stucco, and/or related materials have been furnished
for the 11121Tamiamt Trail Fire Station, under an order
given by Commercial Contracting. xc: Steve Carne//, John
Yonkosky and filed.
14. 'Notice To Owner to Board of County Commfsstoners and ERC
General Contracting Services Inc., from Thompson Aggregate &
Materials Co., advising that gravel has been furnished for
the Leacheats Collection Installation, Cell #6, under an
order given by ERC General Contractfng Services Inc. xc:
John Yonkosky, Steve Camell and filed.
Notice To Owner to Board of County Commissioners and
Cornerstone General Contractors, Inc., from Florida
Irrigation & Supply, advising that p~pe, valves, fittings and
controllers have been furnished for the East Naples Community
Park, under an order given by Quality Industries, Inc. xc:
John Yonkosky, Steve Camell and f~led.
Notice To Owner to Board of County Commissioners, from CES
Industries, Inc., D/B/A Consol. Electric Supply, advising
that miscellaneous electrical supplies and equipment have
been furnished for the Golden Gate Wellfield Expansion, under
an order given by Polakoff Electric Co. xc: Neil Dotrill,
Steve Camell and filed.
17.
Letter dated 11/13/91 to Chairman Goodnight from Robert L.
Patton, Controller, Tax Collector's Office, re distribution
of Current Ad Valorem Tax. xc: Mike McNees and filed.
~16K1
FOR FUNDING TECHNICAL EQUIPMENT FROM THE CONFISCATED
There being no further bus~ness for the Good of the County, the
g was adjourned by Order of the Chair - Time: 4:20 P.M.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
o ' ' cio GOV .RN NG BOARD(S
SPECIAL DISTRICTS UNDER ITS
CONTROL
the Board on ~//g/~*~'* ~"